Relating to: honoring the life and public service of Justice David T. Prosser Jr.

2025-2026 Regular Session Introduced by Rachael Cabral-Guevara and 8 co-sponsors

SJR 9 aimed to allow Arkansas citizens to sue the state in court for constitutional violations, enhancing accountability and access to justice for individuals.

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Summary of SJR 9: Constitutional Amendment on Suing the State of Arkansas

Bill Number: SJR 9
Title: A Constitutional Amendment Permitting the State of Arkansas to be Sued as a Defendant in State Court to Enforce Constitutional Rights or as Otherwise Provided by Law
Status: Died in Senate Committee at Sine Die adjournment
Introduced: February 3, 2025
Classification: Joint Resolution

Purpose and Intent

SJR 9 aimed to amend the Arkansas Constitution, specifically Article 5, § 20, to allow the State of Arkansas to be sued in state court. The primary intent of this amendment was to enable individuals to enforce their constitutional rights against the state, thereby enhancing accountability and access to justice.

Key Provisions

Amendment to the Constitution: The resolution proposed to modify the existing language in the Arkansas Constitution to explicitly permit lawsuits against the state as a defendant in state court.

Scope of Enforcement: The amendment would allow individuals to sue the state to enforce their constitutional rights or as otherwise provided by law, broadening the legal avenues available to citizens seeking redress.

Impact

Affected Parties: If passed, the amendment would have impacted citizens of Arkansas seeking to hold the state accountable for violations of their constitutional rights. It would have provided a legal framework for individuals to pursue claims against the state in state courts.

Legal Precedent: The amendment could have set a significant legal precedent regarding the state's liability and the rights of individuals to seek justice against governmental actions.

Legislative Timeline

February 3, 2025: SJR 9 was filed and read for the first time. The rules were suspended, and it was read a second time before being referred to the Senate Committee on State Agencies & Governmental Affairs.

May 5, 2025: The bill died in the Senate Committee at the Sine Die adjournment, meaning it did not progress to a vote or further consideration.

Conclusion

SJR 9 represented an effort to reform the legal landscape in Arkansas by allowing citizens to sue the state for constitutional violations. Although it did not advance past the committee stage, the proposal highlighted ongoing discussions about state accountability and the protection of individual rights within the legal framework of Arkansas.